Punct de vedere asupra rejudecării recursului în anulare din perspectiva ultraactivităţii legii
View on the retrial of an appeal for cancellation from the angle of the ultra-activity of the law

Summary/Abstract: The European Court of Human Rights recorded a violation of the right to a fair trial by the Attorney’s General right to introduce an appeal for cancellation. The defendant addressed the panel of nine judges of the High Court of Cassation and Justice, on the basis of art. 4081 of the Code of Criminal Procedure, seeking review of the judgment. The Court allowed the application, rejudged the appeal for cancellation, even if this appeal did not currently exist in the Romanian law and rejected the action for cancellation. The authors think that there is not a case of ultra-activity of the procedural law, but a survival of the old law through the tacit will of the lawmakers.

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